Editorial

When PER (acronym for the Afrikaans journal title Potchefstroomse Elektroniese Regstydskrif, but also suggesting the Latin connotations of causation, durability and facilitation) first appeared in November 1998, there was an awareness of the incongruity of the notion of a law journal not being published in tangible form by an established law publisher on the one hand, and on the other of the inevitability of things to come. The editorial stated:

"In this era of an unstoppable increase in information on offer and improved means of communication, it is inevitable that the exchange of juristic ideas should develop and escalate electronically, by internet. A problem already challenging the time starved legal user of the electronic medium, is to separate the wheat from the chaff. For many people it is relatively easy to publish something on the Web. It is, however, just as demanding to produce quality in this manner as through any other medium, be it primitive or avant garde."

From the outset the Potchefstroomse Elektroniese Regstydskrif (PER) / Potchefstroom Electronic Law Journal (PELJ) was focused on maintaining high editorial standards, producing material for legal scholars worth reading. Probably still the most widely cited contribution to PER/PELJ (on Ubuntu by Justice Yvonne Mokgoro) appeared in the first volume. Papers delivered (referred to as orationes) by prominent scholars and judges are often published in PER/PELJ, and double-blind peer review practices are maintained throughout, except for the orationes.

From time to time guest editors are invited to produce single or special editions. Renowned South African and foreign scholars are regularly approached to review submissions to PER/PELJ, and the editorial board is composed of prominent internationally recognised academics and judges.

Since 2003, PER/PELJ has taken its place among a range of renowned internationally accredited journals, currently listed and indexed inter alia by IBSS, DOAJ, SSRN, AJOL, Boloka, SciELO, HeinOnline, and Web of Knowledge.

In 2016, PER/PELJ migrated to this online journal system, and contributions accepted for publication are now published continuously as soon as the finally edited version becomes available.

We are entirely grateful to our authors, reviewers and readers who have always believed in the scholarly quality of the contributions. You have been instrumental in the phenomenal growth of the journal over the last 18 years.

We are proud to announce the first contribution of 2016 entitled "Remedial Principles and Meaningful Engagement in Education Rights Disputes" by the renowned author, Sandy Liebenberg, who is a distinguished professor and HF Oppenheimer Chair in Human Rights Law, University of Stellenbosch, South Africa.

A discussion of the recent referendum in the United Kingdom (UK) on membership of the European Union (EU) and, in particular, to consider the immediate aftermath and longer-term implications of the decision to leave.

The Lehane matter wound its way through the Cape Provincial Division of the High Court
and reached the Supreme Court of Appeal. Mr Dunne, the Irish debtor who had taken up
residence in the United States of America, ran ...

This paper reflects on the ongoing challenges presented by certain employers who, whilst deducting occupational retirement fund contributions from their employees' salaries, fail to pay over those contributions to the ...

Burying deceased family members in familial gravesites close to the homestead of the living has been a well-established practice in Southern Africa for many centuries. In terms of indigenous cultural and religious norms ...

The majority decision in Makate v Vodacom (Pty) Ltd [2016] ZACC 13 recognises a new form of actual authority – authority by representation. However, the decision is based on a misinterpretation of English law and is ...

The Companies Act 71 of 2008 has introduced into our company law an innovative provision which permits a wide range of persons to apply to court to declare a director delinquent. This provision is contained in section 162 ...

The principle of res judicata is well-established in our law: essentially it means that parties to a dispute have only one metaphorical "bite at the cherry". The "bite" can entail appealing through the hierarchy of courts, ...

This paper examines section 27 of the Insolvency Act 24 of 1936 within the context of the right to equality in section 9 of the Constitution of the Republic of South Africa, 1996 (the Constitution). Section 27 of the ...

Various violations of the human rights of ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s. It is widely acknowledged that such violations have been perpetrated mostly by the ...

This article examines the impact of information and communication technologies (ICTs) on the development of the principles of theft. The Roman and South African law of theft forms the basis of such a study. This investigation ...

This article explores the concept of the automatic unfair dismissal that is regulated in s 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), where the reason for the dismissal is to "compel the employee to accept a ...

The underpinning essence of being part of a regional organisation such as the Southern African Development Community (SADC) is to achieve development through integration. Regional integration thus becomes the bedrock from ...

This article is an analysis of the use of public procurement as a tool to drive innovation. It explores the meaning of innovative procurement or public procurement of innovation, as well as the rationale for using public ...

This paper is focused on the impact of the Boko Haram insurgency in Nigeria on the child's right to education. The article concludes by assessing how the Nigerian government has lived up to its obligations under international ...

Following upon the Supreme Court of Appeal's judgment in Butters v Mncora 2012 4 SA 1 (SCA), which broadened the criteria and consequences of universal partnerships in cohabitation relationships, this article investigates ...

Financial regulation in South Africa changes constantly. In the quest to find the ideal regulatory framework for optimal consumer protection, rules change all the time and international trends have an important influence ...